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The Committee considered report ES/0447 which set out details of the planning application for the conversion of an agricultural building to a dwelling following class Q approval reference DC/19/3792/PN3 and which included alterations to the plan and elevation.
The Principal Planner explained that the proposed conversion was contrary to the Local Plan as the building was not a heritage asset or locally distinctive or of architectural merit. Officers would ordinarily recommend refusal; however, the building benefitted from a permitted development conversion and that extant prior approval could be implemented at any time provided the development was completed by November 2022.
The Principal Planner advised that the proposed scheme would see the physical building converted into a two-bedroom dwelling with a formal area of curtilage/garden larger than that allowed under the permitted development scheme, and which would provide a better standard of living for future occupiers of the dwelling. The creation of that curtilage would not cause any harm to the nearby Grade II listed farmhouse.
Members were shown a site location plan and photographs including the building for conversion and its association with the farmhouse, the adjoining storage area, access to the site, plans and elevations of the permitted development approval and proposed development. Cycle and ancillary storage for bins was also being provided.
Whilst the proposed building was not ordinarily suitable for residential conversion under Local Plan policies, the extant permitted development fallback option would allow the conversion of the building. The previous application had been supported by structural surveys. On that basis, and with the now proposed formal larger garden area, it was considered there were no grounds to withhold planning permission and approval was therefore being recommended.
The Chairman invited questions.
Comment was made that a large number of applications were coming forward for the conversion of agricultural buildings that had prior approval under Part Q and, as a result, Members were experiencing difficulty in refusing such applications. The Principal Planner explained that there were strict guidelines for Part Q conversions and any building had to comply with the relevant Regulations. Whilst the Government wished to put disused buildings into use, officers rightly paid close attention to prior approval submissions to ensure they met the prior approval criteria and a number of applications were refused based on that process. Future planning applications on buildings that were not classed as a heritage asset would automatically come to Committee as a departure from policy.
The Chairman sought clarification as to any future extensions to the front of the building because of the larger curtilage. The Principal Planner advised there were no permitted development rights for new development to the front of the building, but that permitted development rights could be removed in respect of alterations to the building generally, and he recommended this be applied should Members be minded to approve.
There being no further discussion it was unanimously
RESOLVED
That planning permission be granted, subject to the removal of permitted development rights with regard to alterations to the building and the following conditions:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be carried out in accordance with the following approved plans/documents: Drawing Nos. 19-148-211 and 19-148-001-A, received 29 May 2020; and Drawing No. 19-148-210-A, received 29 July 2020.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. No development shall take place until precise details of the materials to be used in the construction of the external surfaces of the hereby approved conversion have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: In the interest of design and external appearance of the building in the setting of the grade II listed farmhouse.
4. Prior to first occupation of the approved development, satisfactory precise details of a hedge planting scheme to the site frontage shall be submitted to and approved in writing by the local planning authority.
The approved hedge planting scheme shall be implemented not later than the first planting season following first occupation of the development and shall thereafter be retained and maintained for a period of 5 years. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season and shall be retained and maintained.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
5. The use shall not commence until the area within the site for the purposes of manoeuvring and parking of vehicles (as shown on Drawing No. 19-148-210-A) has been provided and thereafter that area shall be retained and used for no other purposes.
Reason: To ensure that sufficient space for the on site parking of vehicles is provided and maintained in the interest of highways safety.
6. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a site investigation consisting of the following components has been submitted to, and approved in writing by, the local planning authority:
a) A desk study and site reconnaissance, including:
- a detailed appraisal of the history of the site;
- an inspection and assessment of current site conditions;
- an assessment of the potential types, quantities and locations of hazardous materials and contaminants considered to potentially exist on site;
- a conceptual site model indicating sources, pathways and receptors; and
- a preliminary assessment of the risks posed from contamination at the site to relevant receptors, including: human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
b) Where deemed necessary following the desk study and site reconnaissance an intrusive investigation(s), including:
- the locations and nature of sampling points (including logs with descriptions of the materials encountered) and justification for the sampling strategy;
- an explanation and justification for the analytical strategy;
- a revised conceptual site model; and
- a revised assessment of the risks posed from contamination at the site to relevant receptors, including:
human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
All site investigations must be undertaken by a competent person and conform with current guidance and best practice, including: BS 10175:2011+A1:2013 and CLR11.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.
7. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a detailed remediation method statement (RMS) has been submitted to, and approved in writing by, the LPA. The RMS must include, but is not limited to:
- details of all works to be undertaken including proposed methodologies, drawings and plans, materials, specifications and site management procedures;
- an explanation, including justification, for the selection of the proposed remediation methodology(ies);
- proposed remediation objectives and remediation criteria; and
- proposals for validating the remediation and, where appropriate, for future maintenance
and monitoring.
The RMS must be prepared by a competent person and conform to current guidance and best practice, including CLR11.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.
8. Prior to any occupation or use of the approved development the RMS approved under condition 7 must be completed in its entirety. The LPA must be given two weeks written notification prior to the commencement of the remedial works.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.
9. A validation report must be submitted to and approved in writing by the LPA prior to any occupation or use of the approved development. The validation report must include, but is not limited to:
- results of sampling and monitoring carried out to demonstrate that the site remediation criteria have been met;
- evidence that any RMS approved in pursuance of conditions appended to this consent has been carried out competently, effectively and in its entirety; and
- evidence that remediation has been effective and that, as a minimum, the site will not qualify as contaminated land as defined by Part 2A of the Environmental Protection Act 1990.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.
10. In the event that contamination which has not already been identified to the Local Planning Authority (LPA) is found or suspected on the site it must be reported in writing immediately to the Local Planning Authority.
Unless agreed in writing by the LPA no further development (including any construction, demolition, site clearance, removal of underground tanks and relic structures) shall take place until this condition has been complied with in its entirety. An investigation and risk assessment must be completed in accordance with a scheme which is subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and conform with prevailing guidance (including BS 10175:2011+A1:2013 and CLR11) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
Where remediation is necessary a detailed remediation method statement (RMS) must be prepared, and is subject to the approval in writing of the Local Planning Authority. The RMS must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The approved RMS must be carried out in its entirety and the Local Planning Authority must be given two weeks written notification prior to the commencement of the remedial works.
Following completion of the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation must be submitted to and approved in writing by the LPA.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised.